Gauhati High Court
The National Insurance Company ... vs Sri Bandita Sarma Borthakur And 5 ... on 10 August, 2022
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GAHC010118362020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1439/2020
THE NATIONAL INSURANCE COMPANY LIMITED
REGISTERED HEAD OFFICE AT 3, MIDDLETON STREET, CALCUTTA 700071
REPRESENTED BY THE MANAGER, GAUHATI REGIONAL OFFICE,
BHANGAGARH, GUWAHATI 781005
VERSUS
SRI BANDITA SARMA BORTHAKUR AND 5 ORS
W/O LT. NIP BORTHAKUR, R/O VILL. DEKARGAON, P.O. DEKARGAON, P.S.
TEZPUR, DIST. SONITPUR, ASSAM, PIN 784501
PRESENT ADDRESS R/O MALIKUCHI, P.O. AND P.S. NALBARI,
DIST.NALBARI, ASSAM, PIN 781335
2:AYUBJYOTI BORTHAKUR
S/O LT. NIP BORTHAKUR
R/O VILL. DEKARGAON
P.O. DEKARGAON
P.S. TEZPUR
DIST. SONITPUR
ASSAM
PIN 784501
PRESENT ADDRESS R/O MALIKUCHI
P.O. AND P.S. NALBARI
DIST.NALBARI
ASSAM
PIN 781335
3:SMT. BANI BORTHAKUR
W/O SRI KUMUD SARMA BORTHAKUR
R/O VILL. DEKARGAON
P.O. DEKARGAON
P.S. TEZPUR
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DIST. SONITPUR
ASSAM
PIN 784501
PRESENT ADDRESS R/O MALIKUCHI
P.O. AND P.S. NALBARI
DIST.NALBARI
ASSAM
PIN 781335
4:KUMUD SARMA BORTHAKUR
F/O LT. NIP BORTHAKUR
R/O VILL. DEKARGAON
P.O. DEKARGAON
P.S. TEZPUR
DIST. SONITPUR
ASSAM
PIN 784501
PRESENT ADDRESS R/O MALIKUCHI
P.O. AND P.S. NALBARI
DIST.NALBARI
ASSAM
PIN 781335 (OPPOSITE PARTY NO. 2 IS REPRESENTED BY OPPOSITE
PARTY NO. 4 IS REPRESENTED BY OPPOSITE PARTY NO. 3)
5:KASHIK NATH
S/O LT. KHITESWAR NATH
R/O VILL. MEKANAR CHUBURI
P.O. BIHAGURI
P.S. TEZPUR
DIST. SONITPUR
ASSAM
PIN 784153
6:SONARAM NATH
S/O SUNO RAM NATH
R/O VILL. MEKANAR CHUBURI
P.O. BIHAGURI
P.S. TEZPUR
DIST. SONITPUR
ASSAM
PIN 78415
Advocate for the Petitioner : MS. R D MOZUMDAR
Advocate for the Respondent : MS R SAHIN (R-5,6)
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Linked Case : MAC. App./6438/2020 (Filing Number)
THE NATIONAL INSURANCE COMPANY LIMITED
VERSUS
SRI BANDITA SARMA BORTHAKUR AND 5 ORS (E)
------------
Advocate for :
Advocate for : appearing for SRI BANDITA SARMA BORTHAKUR AND 5 ORS (E)
BEFORE
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
Date : 10.08.2022
Heard Mr. R. D. Mozumdar, learned counsel for the
applicant and Mr. N. Anand, learned counsel for the
respondent Nos. 1, 2, 3 and 4 and Ms. R. Sahin, learned
counsel for the respondent Nos. 5 and 6.
This Interlocutory Application is filed by the applicant,
National Insurance Company Limited, praying for condonation
of delay of 123 days that had occurred in filing the
accompanying appeal under Section 173 of the M.V. Act, 1988.
The Insurance Company is aggrieved by the Judgment dated
02.08.2019 passed by the learned Member, Motor Accident
Claims Tribunal, Nalbari, Assam, in MAC Case No. 24
(Death)/2018. The learned counsels representing the
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respondents do not object to the prayer made for the
condonation of the delay.
Having heard the learned counsels for the parties and
upon due perusal of the pleadings on record, this Court is of
the view that the delay has been sufficiently explained. The
explanation put forth for the delay that has occurred does not
reveal any mala fides nor can it be seen as a dilatory strategy.
Upon due consideration of the grounds urged in the I.A.
and the prayers made, this Court finds that the delay that had
occurred in filing the accompanying appeal can be condoned.
Relying upon the principle laid down in N. Balakrishnan -Vs-
M. Krishnamurthy reported in (1998) 7 SCC 123, the delay of
123 days in filing the accompanying appeal against the
Judgment dated 02.08.2019 passed by the learned Member,
Motor Accident Claims Tribunal, Nalbari, Assam, in MAC Case
No. 24 (Death)/2018 is hereby condoned.
Interlocutory Application is accordingly allowed and
disposed of.
Registry is directed to number the accompanying appeal
and list it before the Court after 2 (two) weeks.
JUDGE
Comparing Assistant
